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US soldier claims asylum in Germany over Iraq

by RNW News

15-12-2008

Andre Shepherd, 31, has become the first American soldier to seek asylum from the United States in Germany after deserting the US Army. He cited the atrocities and illegalities of the war in Iraq, as well as President Bush's role in launching an invasion on the basis of "no legal grounds whatsoever."

Andre Shepherd
Andre Shepherd: seeking asylum

He said he had served willingly in 2004, but knowing what he does now, feels he cannot serve a second time. He was working as an Apache helicopter mechanic in Tikrit, but quit after witnessing the "mass of destruction" caused to Iraq by the military machine he was helping to maintain.

Germany was significant
Mr Shepherd said he chose to seek asylum in Germany for several reasons: he was stationed in Germany when he decided to desert and couldn't find a way back to the US.

Germany was also significant, he said, for the historical context of the Nuremberg trials, which established the principle "that everyone, especially a soldier, is responsible for their own actions."

Slanted US media
When asked why he joined the military in 2004, when the issue of the war's illegality was already known, Mr Shepherd said:

"I struggled through life, twice I was homeless. I didn't have access to the materials that I did when I was in Germany(...) when you look at the media in the United States, it's completely different than what it is in Europe. It's always slanted to make everything good, so you keep the war movement going."

Mr Shepherd said it was the duty of all American citizens to stand up to put an out-of-control government back on the right path and that he didn't see himself as a traitor.

Sensitive nature
On being asked about how his actions would strain relationships between Germany and the US, Mr Shepherd said that that was the price Washington had to pay for their follies of the last five years.

It is estimated that around 25,000 Americans have deserted since the war began. Mr Shepherd is aware of the sensitive nature of his case. He says other asylum seekers can expect a hearing after two weeks, but his documents don't give a firm date. "Hearing date: to be decided," they say.

Tags: Andre Shepherd, asylum seeker, Germany, Iraq, USA

Reaction(s):


John, 15-04-2009 - Texas (Where George Bush is from) - USA

I'd like to point out that he joined the military a full year after the Iraq war started. He agreed to fight and signed a contract. "Nobody should be forced to fight an illegal war." This was a legal war. Iraq violated 23 UN treaties, Saddam killed thousands, Russia sent us documents showing Saddams plans to purchase weapons. Those and numerous others are our reasons. The UN is corrupt, France was in bed with Saddam (Oil for food program). "25,000 US soldiers have deserted." 2,500 please get your facts straight.


David, 20-12-2008 - The United States of America

The military of the USA certainly is not at fault for this war (conflict). This man is also not a coward or pathetic for his conscience. President Bush seems to like playing both sides, as he just signed in a law to say doctors can use their 'conscience' to deny medical practices such as abortions, but the same supporters of him deny this man's ability to have a conscience. That being said, it is against the USA's military code to desert, and for that he has committed a crime. A criminal, but not a coward. However, if he is ordered to do something unlawful, it is his DUTY to disobey, by our code. His job, however, was working on a vehicle... he wasn't really doing anything, just supporting. He may as well not pay taxes, or do any job within the United States as all forms of tax somehow support the military forces. If he wanted to be against the military's actions, blame polititians. Servicemen follow orders. I don't hate this man, or wish him ill. What he has done, while in good intentions, is improper. Perhaps he made a rush decision in his actions or had bad counsel. - USA Veteran


Kees, 17-12-2008 -

You can come up with any excuse you want, but fact is that this guy is a coward. He signed up, put the uniform on and now should fulfil his obligation to serve his country, if not he should face the consequence of his action but this guy ran away. Totally spineless and the opposite of a “hero”.


David Berridge, 16-12-2008 - Canada

A dishonourable discharge from the military is anything but a desirable outcome from one's military service, as this has many repercussions in future civilian life. Shepherd's best way out was to prove to be a conscientious objector, or prove an incompatability with military life which also could lead to honourable discharge. The latter would be harder to obtain and wouldn't be highly recommended. Politicizing his reasons more than disqualifies Shepherd as he cannot claim medical reasons such as post-stress syndrome as conditions upon which to base any legitimate request. Shepherd is in breach of his enlistment contract at the very least, and appears to think incredibly erroroneously, that military service requires only peacetime duties as a means of government employment. At the age of 31, Shepherd has no basis to say he is unaware of these basic facts.


sandra, 16-12-2008 - Nederlands

Thanks James, I clearly have no idea how that military system in USA works, or their laws. Sad that this man has to feel afraid to return to his own country.


sandra, 16-12-2008 - Nederlands

Nobody should be forced to fight an illegal war. Why is he afraid to be at least dishonorably discharged? Would he be arrested? Maybe Obama will pardon him altogether. I don't know much about the American military rules of the game, but I think since this was an illegal war that this man should have some sort of a pardon without fear of returning to his own country.


James, 15-12-2008 - USA

In the USA, dishonorable discharges are basically for really bad crimes: rape, murder, desertion, etc. Technically, desertion during wartime can lead to the death penalty, but I don't think that's happened in a long time (esp. since the US, technically, hasn't been at war since WW2).


Andrew, 15-12-2008 - Australia

Mr. Shepherd's actions -- while honorable and noteworthy -- are somewhat hasty and precipitous. Indeed, U.S. troops will be out of Iraq by late 2011. One can understand his anxiety, emotion and anger. However, he has put his life-long citizenship on the line for what amounts to another two years. Of note, such recent attempts [by U.S. soldiers] have been rebuffed in neighboring Canada.


Digi John, 15-12-2008 - Netherlands Antilles

"honorable discharge"? Let's not forget this is the country with the dubious war promotion message "if you're not with us then you are against us". Being a soldier & American he could be tried as an 'enemy combatant of America". Guess German lawmakers will had a handful on this one.


David Berridge, 15-12-2008 - Canada

To be dishonourably discharged from the military, a verdict from a military court martial is required first, and this involves a guilty finding. "Mr" Shepherd is still to be referred to by his current military rank as he is still not a civilian in either the United States or Germany. Had Shepherd been intelligent about this matter, he would have consulted a chaplain as to how to request applying for honourable discharge, or failing that, non-combat duty, on the basis of being a consciencious objector. Having served a tour in Iraq, this method would be plausible, saving Shepherd the great deal of trouble he is now and will continue to be in. Saying that his situation will "punish" American foreign policy by involving a NATO ally in his scheme is incredibly stupid. He has not obviously consulted any legal advice concerning the American Military Code of Justice. Shepherd's future will probaly include a lengthy tour of the military prison at Fort Levenworth, Kansas, or a facility just like it.


sandra, 15-12-2008 - Nederlands

How is this possible? Isn't there dishonorable discharge if a person wants out of the military?


Trevor, 15-12-2008 - The Netherlands

He's brave and, as an American, I think he's a hero. I wish him success with the asylum application.


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